9th Circ. Revives Intel Retirement Fund Fight

Law360 (November 28, 2018, 8:02 PM EST) -- The Ninth Circuit revived claims that Intel Corp. unwisely invested workers' retirement savings on Wednesday, saying a California federal judge used an incorrect interpretation of a term when deciding that the claims were time-barred.

The appellate court clarified that workers can only be said to have “actual knowledge” of an Employee Retirement Income Security Act violation, which triggers a three-year statute of limitations to file a lawsuit, when they’ve read financial documents that would clue them into the existence of wrongdoing or been told of the wrongdoing.

A worker doesn’t automatically develop actual knowledge of an ERISA violation when he receives...

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